Defective Vehicle Recalls and Injuries in Indiana: Know Your Legal Options
92% of American households own at least one vehicle. Millions are impacted by recalls each year.
Each year, millions of Americans are impacted by motor vehicle recalls. Many well-known brands have faced recall issues, including Tesla, Chrysler, Ford, and more. This proves that even trusted manufacturers can produce vehicles with dangerous defects.
| 💡Key Takeaway When manufacturers fail to design, test, or warn consumers about defects, they can and should be held accountable. |
Understanding Vehicle Recalls
Recalls are very common, but every recall is important and should be taken seriously.
| ⚠️ Common Misconception Many people believe that because there was a recall, the manufacturer will admit there was a defect and that it caused the individual’s injuries. This isn’t always the case, making it critical to understand what a recall actually means. |
Vehicles can be recalled either voluntarily by the manufacturer or after the National Highway Traffic Safety Administration (NHTSA) opens an investigation on an issue and requires a recall. When you have been involved in an incident related to a recalled vehicle, it’s critical that you have a legal representative obtain all prior complaints or incidents reported to the manufacturer and/or NHTSA regarding the incident and alleged failure or defect.
The bottom line: This evidence not only establishes the existence of the defect, but also establishes when the manufacturer first knew about it and the number of related incidents it impacted.
How Evidence Is Gathered
If the recall resulted from an NHTSA investigation, a Freedom of Information Act (FOIA) request would be sent to NHTSA to obtain their entire investigative file.
Once a suit is filed against the manufacturer, written discovery would be served, requesting:
✅ Internal documents related to the design and testing of the vehicle
✅ All documents relating to the manufacturer’s knowledge of the defect which ultimately led to the recall
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Common Defects That Lead to Serious Harm
Vehicle defects are not always obvious. While some issues may seem minor at first, others can cause sudden and catastrophic failures. When a defect affects critical systems such as braking, steering, or airbags, the consequences can be disastrous.
| Defect Type | Potential Danger |
| Airbags | Premature deployment can obstruct your vision while driving, increasing the risk of an accident. Airbags may also deploy with excessive force or contain faulty inflators. |
| Power and Steering Failures | Loss of power or complete steering failures can make a vehicle hard to control, especially at higher speeds. |
| Engine Failures | Stalling or unexpected engine shutdowns can leave drivers stranded or cause accidents if they occur while driving. |
| Backup Camera Failures | These failures may result in inaccurate visual information or none at all, increasing the risk of collisions when reversing. |
| Self-Driving System Issues | Phantom braking, failure to detect stationary vehicles, or the inability to recognize cross-traffic all pose serious dangers. |
Indiana’s Legal Framework
| 💡 Key Takeaway Product liability law varies from state to state. The rules that apply in Indiana may differ significantly from those in other jurisdictions. |
Indiana does not recognize an independent “post-sale duty to warn” claim. Instead, post-sale failure-to-warn allegations are incorporated into the underlying product liability claim. To succeed, a plaintiff must prove that the product was defective due to:
❌ Manufacturing defect –A flaw in how the product was made
❌ Design defect –An inherently unsafe design
❌ Failure to warn –Inadequate warnings or instructions
Key insight: All cases involving a recalled vehicle in Indiana are governed by the Indiana Product Liability Act. This act defines what qualifies as a defective product, outlines the elements a plaintiff must prove, sets the statute of limitations, and explains the defenses available to manufacturers and sellers.
Building a Strong Recall Injury Case
In order to win a recall injury case in Indiana, you will need more than just evidence of the recall itself. You will also need materials that prove:
- The defect existed
- The manufacturer knew about it
- The defect caused your injury
| ⚠️ Important A recall can happen before or after an injury, and the timing can significantly impact the case. |
A Real-World Example
| We were litigating a product liability claim involving a pressure cooker where our client contended the lid lock mechanism failed and allowed the lid to be removed before all internal pressure was released. Several months into litigation, the company issued a nationwide recall for the exact reasons we alleged. The recall helped bolster our argument regarding liability and was an aiding factor in maximizing our client’s recovery. |
While that case involved a consumer product, the same principle applies to defective vehicle claims. A recall issued after a crash can strengthen an injured person’s position by reinforcing that a defect existed and that the manufacturer was aware of the issue.
| 💡 Protect Your Rights If you were injured in a crash and later discover your vehicle was recalled, the most important step you can take is to preserve the vehicle and contact an experienced car malfunction attorney. The vehicle itself can serve as critical evidence in proving that a defect existed and directly contributed to your injuries. |
How Stephenson Rife Protects Your Rights
No matter what vehicle defect you’re facing, our car recall lawyers in Indiana will work to achieve results in your best interests. When you choose Stephenson Rife, you’ll benefit from:
- A local team who is community-focused
- Free consultations for potential clients
- Thorough preparation that entails collecting massive amounts of information via research, depositions, and other means
- A firm recognized by Best Law Firms for excellence in Personal injury Litigation
Additionally, our team provides:
- Experience – Our Shelbyville car malfunction attorneys have been meeting the needs of clients since 1976, taking on a wide range of challenges.
- Cost-effective services – We understand that high hourly rates are common at large law firms, but not ours. When you work with us, you won’t be dealing with fluff as we like to keep things simple, working to provide you with results.
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If you’ve been injured in a crash and later discover your vehicle was recalled, be sure to preserve the vehicle and contact one of our Indiana car malfunction attorneys for assistance with your case.